collection agency and verification of debt

What is the name of your state? massachusetts
received letter from jbc and assoc,regarding debt for check written almost 7 years ago.we asked for verification of debt.they did not respond though we received return receipt card with signature.they called said they do not have to provide though their original notice said they would.debt is for 300.00.stop payment was issued on this check,it was deposit for car that was never taken possession of,we cancelled the deal.they say they ll sue.don t they have to provide proof of this debt.any help would be most appreciated.thanks

Typical JBC antics. This law firm has filed a class action against them and is looking for more victims of JBC.

Posted by [email protected] (68.22.117.14) on September 10, 2003 at 20:20:12:

We have filed a class action against JBC in federal court in Chicago, alleging (a) misrepresentation of liability under state bad check statutes, (b) threats of litigation on time barred debts, and (c) sending of attorney letters without attorney involvement. The suit is presently on behalf of residents of IL, IN, WI and IA. We are interested in joining other residents of those and other states as plaintiffs and/or filing in other states. There is no financial obligation. You may have to appear for a deposition, possibly in Chicago or wherever a case is filed. You may recover up to $1,000 statutory damages under the Fair Debt Collection Practices Act, possibly any amounts paid on time-barred checks, possibly other statutory damages under state law (depends on the state), and possibly compensation for serving as class representative.

If you are interested, please send us your collection letters.

If JBC is harassing you, send them a certified letter directing them not to contact you.

If, as in most cases, the debt is time-barred, there is nothing they can do. They are not entitled to sue and their threats are empty.


Daniel A. Edelman
EDELMAN, COMBS & LATTURNER, LLC
120 S. LaSalle Street, 18th floor
Chicago, Illinois 60603-3403
(312) 739-4200
(800) 644-4673
(312) 419-0379 (FAX)
Email: [email protected]
www.edcombs.com

This communication may constitute advertising.

thanks extremely for your reply..would this check being about 15 days shy of 7 years be considered time barred?the biggest thing is this is not even a valid debt.should i tell them we will not pay because of the age of the debt or just to sue us?we very much appreciate your advice and time..thanks again

"would this check being about 15 days shy of 7 years be considered time barred?"
*** Yes. A check is a written contract to pay. The SOL in MA for a written contract is 6 years. The debt is dead. Tell them to drop dead.

.. and once you tell them to drop dead.. file a complaint with the FTC, your state's Attorney General's office and the NJ AG's office (where JBC is located - and being investigated !).

thank all of you so very much for this info..it is most appreciated that you all took the time to help and inform.only wish i knew that when their rep screamed at me an told me they could have sued us a long time ago,then said they would file suit jan 1st and then hung up on me..all because i asked once again for verification of a debt that was never valid to begin with!happy new year!and once again thank you all for your help..we will be filing a complaint with ftc and appropiate ags...

Oh, and one more thing.... a request for validation must be in writing and delivered certified RRR in order to PROVE it was received.

request for verification was mailed certfiied/return receipt..i have the signed green postal card proving they received it.now that i know this is a time barred debt i will tell them to cease all contact..i have filed a complaint with the ftc & nj att generals office..soon also the mass att generals office..both nj and ma att gen received courtesy copies of origianl request for verification that was sent to jbc..one more thing the fact that this was a stop payment on a check doesnt change the time barred rule does it?as i said we cancelled the purchase of the car..this was for a deposit..never took delivery..yet they still tried to cash check...thanks for any additional info..